STIPULATED DISMISSAL OF ACTION WITH PREJUDICE;

[PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and 41(c), Plaintiffs and Counterclaim Defendants Asetek Holdings, Inc. and Asetek A/S ("Asetek") and Defendant and Counterclaim Plaintiff CoolIT Systems Inc., ("CoolIT") stipulate that this action (i.e., all claims and counterclaims) is dismissed with prejudice in its entirety. Magistrate Judge Grewal, or in his absence, the Northern District of California, will retain jurisdiction to enforce the parties' confidential settlement agreement (the terms of which are incorporated herein by reference). Each party shall bear its own attorneys fees and costs.

The parties further note for the record that the named plaintiff "Asetek A/S" is currently known as Asetek Danmark A/S and that references to "Asetek A/S" in this stipulation and proposed order refer to the corporate entity currently known as "Asetek Danmark A/S."

By his signature below, counsel for Asetek attests under penalty of perjury that counsel for CoolIT concurs in the filing of this document.

[PROPOSED] ORDER

PURSUANT TO STIPULATION OF ALL PARTIES, AND FOR GOOD CAUSE SHOWN:

This action (i.e., all claims and counterclaims) is dismissed with prejudice in its entirety, with Magistrate Judge Grewal, or in his absence, the Northern District of California, retaining jurisdiction to enforce the parties' confidential settlement agreement (the terms of which are incorporated herein by reference). Each party shall bear its own attorneys fees and costs.

IT IS SO ORDERED.